USPTO Patents Application 10501469

PATENT COOPERATION TREATY

PGT

INTERNATIONAL SEARCH REPORT
(PCT Article 18 and Rules 43 and 44)

JUL2D5T

Applicant's or agent's file reference
38305-0014

FOR FURTHER
ACTION

see Notification of Transmittal of International Search
Report (Form PCT/IS A/220) as well as, where applicable,
item 5 below.

International application No.
PCT/US03/01169

International filing date (day/month/year)
16 January 2003 (16.01.2003)

(Earliest) Priority Dae (day/month/year)
17 January 2002 (17.01.2002)

Applicant

BEATRIX INTERNATIONAL, INC.

This international search report has been prepared by this International Searching Authority and is transmitted to the applicant
according to Article 18. A copy is being transmitted to the International Bureau.

This inte rnati onal search report consists of a total of }T sheets.

S\ It is also accompanied by a copy of each prior art document cited in this report.

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1. Basis of the Report

a. With regard to the language, the international search was carried out on the basis of the international application in the
language in which it was filed, unless otherwise indicated under this item.

the international search was carried out on the basis of a translation of the international application furnished to this
Authority (Rule 23.1(b)).

b. With regard to any nucleotide and/or amino acid sequence disclosed in the international application, the international
search was carried out on the basis of the sequence listing:

contained in the international application in written form.

filed together with the international application in computer readable form.

furnished subsequently to this Authority in written form.

furnished subsequently to this Authority in computer readable form.

the statement that the subsequently furnished written sequence listing does not go beyond the disclosure in the
international application as filed has been furnished.

the statement that the information recorded in computer readable form is identical to the written sequence listing has
been furnished.

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Certain claims were found unsearchable (See Box I).

Unity of invention is lacking (See Box II).
With regard to the title,

DKI the * ext is approved as submitted by the applicant.

I | the text has been established by this Authority to read as follows:

5. With regard to the abstract,

1 1 the text is approved as submitted by the applicant.

DKI the text has been established, according to Rule 38.2(b), by this Authority as it appears in Box III. The applicant may,
within one month from the date of mailing of this international search report, submit comments to this Authority.

6. The figure of the drawings to be published with the abstract is Figure No. 1_

I I as suggested by the applicant. \^\ None of the figures

1X1 because the applicant failed to suggest a figure.

I I because this figure better characterizes the invention.

Form PCT/ISA/210 (first sheet) (July 1998)

INTERNATIONAL SEARCH REPORT

lnternarWnal application No.
PCT/US03/01169

Box I Observations where certain claims were found unsearchable (Continuation of Item 1 of first sheet)

This international report has not been established in respect of certain claims under Article 17(2)(a) for the following reasons:
I | Claim Nos.:

because they relate to subject matter not required to be searched by this Authority, namely:

27 ~ \~\ - Claim Nos.:

because they relate to parts of the international application that do not comply with the prescribed requirements to such
an extent that no meaningful international search can be carried out, specifically:

I | Claim Nos.:

because they are dependent claims and are not drafted in accordance with the second and third sentences of Rule 6.4(a).

Box II Observations where unity of invention is lacking (Continuation of Item 2 of first sheet)

This International Searching Authority found multiple inventions in this international application, as follows:

As all required additional search fees were timely paid by the applicant, this international search report covers all
searchable claims.

As all searchable claims could be searched without effort justifying an additional fee, this Authority did not invite
payment of any additional fee.

3. 1 1 As only some of the required additional search fees were timely paid by the applicant, this international search report
covers only those claims for which fees were paid, specifically claims Nos.:

No required additional search fees were timely paid by the applicant. Consequently, this international search report is
restricted to the invention first mentioned in the claims; it is covered by claims Nos.:

Remark on Protest | 1 The additional search fees were accompanied by the applicant's protest.

No protest accompanied the payment of additional search fees.

Form PCT/ISA/210 (continuation of first sheet(l)) (July 1998)

INTERNATIONAL SEARCH REPORT

International application No.
PCT/US03/01169

Box III TEXT OF THE ABSTRACT (Continuation of Item 5 of the first sheet)

The technical features mentioned in the abstract do not include a reference sign between parentheses (PCT Rule 8.1(d)).
NEW ABSTRACT

A fruit filling containing pureed fruit and wheat gluten is described. A nutritional bar comprising such fruit filling also is described.
Methods of producing the fruit filing and bar are also described (figure 1).

I

Form PCT/ISA/210 (continuation of first sheet(2)) (July 1998)

INTERNATIONAL SEARCH REPORT

International application No.
PCT/US03/0U69 ■

A. CLASSIFICATION OF SUBJECT MATTER

IPC(7) : A 23L 1/06, 1/064
USCL : 426/573,577,615,656
According to International Patent Classification (IPC) or to both national classification and IPC

B. FIELDS SEARCHED

Minimum documentation searched (classification system followed by classification symbols)
U.S. : 426/573, 577, 615, 656

Documentation searched other than minimum documentation to the extent that such documents are included in the fields searched

Electronic data base consulted during the international search (name of data base and, where practicable, search terms used)
WEST search terms: fruit, puree, gluten, filling, sugar

DOCUME NTS CONSIDERED TO BE RELEVANT

Citation of document, with indication, where appropriate, of the relevant passages
.738,805 A (CHAUNDY et al.) 14 April 1998, abstract and col. 5, lines 20-28.

Category '

— m

Relevant to claim No.

JS 5.738,805 A (CHAUNDY et al.) 14 April 1998, abstract and col. 5, lines 20-28

1-19

1 1 Further documents are listed in the continuation of Box C.

1 1 See patent family annex.

* Special categories of cited documents:

"A" document defining the general state of the an which is not considered to be of
particular relevance

"E" earlier application or patent published on or after the international filing date

document which may throw doubts on priority claim(s) or which is cited to
establish the publication date of another citation or other special reason (as
specified)

"O" document referring to an oral disclosure, use, exhibition or other means

"P" document published prior to the international filing date but later than the
priority date claimed

U T" later document published afte~ : he international filing date or priority
date and not in conflict with th« application but cited to understand the
principle or theory underlying the invention

"X" document of particular relevance; the claimed invention cannot be

considered novel or cannot be considered to involve an inventive step
when the document is taken alone

44 Y" document of particular relevance; the claimed invention cannot be
considered to involve an inventive step when the document is
combined with one or more other such documents, such combination
being obvious to a person skilled in the art

**&" document member of the same patent family

Date of the actual completion of the international search
08 May 2003 (08.05.2003)

Date of mailing of the international search report

02 JUN Z003

Name and mailing address of the ISA/US
Mail Stop PCT, Attn: ISA/US
Commissioner for Patents
P.O. Box 1450

Alexandria, Virginia 22313-1450
Facsimile No. (703)305-3230

Authorized officer

Helen F.Pratt „ .... <\J
Telephone No. 703-308-1193 " ^ ^

Form PCT/ISA/210 (second sheet) (July 1998)

REST AVAILABLE COPY